DCIT v.Mangal Bullion Pvt. Ltd (Mum.) (Trib.) (UR)

S. 68 : Cash credits-Cash deposits-Demonetization-Cash sales-Jewellery-Provided PAN and complete address of buyers-Stock register is maintained-Failure to enquire by the Assessing Officer under section 131 or 133(6)) of the Act-Addition is deleted.[S. 131, 133(6)]

Tribunal held that  none of the documents submitted by assessee have been denied by the lower authorities and that cash sales register and stock register are completely matching. It was also observed that the AO has failed to show that gross profit shown by the assessee is abnormally high or low and that cash sales have resulted in profit to the assessee which was offered to tax. The nature and source of cash sales have been explained by the assessee. The AO has not made any further inquiry with the customers of assessee by issue of summons u/s. 131 or inquiry u/s. 133(6). It was held that addition cannot be made in the hands of assessee merely for the reason that those customers have not transacted with the assessee post or pre demonetization. This could be the trigger point for investigation, but the AO, despite having complete address and PAN of customers did not make any such inquiry. [ITA No. 1407/Mum/2021 & ITA No.331/Mum/2022] dt. 14.07.2023)((AY.2017-18)